Former Judicial Service Commission (JSC) Vice Chairperson Macharia Njeru has accused the commission of failing to act on allegations that its current vice chair, Isaac Rutto, engaged in partisan politics.
Njeru was reacting to a letter by Judiciary Chief Registrar Winfridah Mokaya to the Consumer Federation of Kenya (Cofek), which said the JSC could not act on the matter because it is before the courts and a petition seeking Rutto’s removal has been filed in the National Assembly.
Cofek Secretary-General Stephen Mutoro had written to Chief Justice Martha Koome, urging JSC to convene and consider Rutto’s conduct after he was photographed wearing the ruling United Democratic Alliance (UDA) party colours.
Rutto attended a UDA meeting at State House recently convened by party leader President William Ruto, and later posted photos of the event on Facebook.
“We, therefore, respectfully urge the commission to consider whether this conduct falls below the constitutional threshold of a JSC member,” wrote Mutoro.
Speaking on Spice FM on Tuesday, February 10, Njeru said Mokaya’s response suggested the commission’s hands were tied, a position he disputed. He argued that Rutto’s actions amounted to a breach of the Conflict of Interest Act and did not require action by other institutions before the JSC intervened.
“Why do you have to wait for action to be taken by somebody else when, amongst yourselves, you can take action?” the advocate posed.
He warned that allowing Rutto to participate in the ongoing recruitment of 20 High Court judges undermines the judiciary’s independence. “You are recruiting judges. You are an institution of the Judiciary that is supposed to be independent. What message are you sending to the judges and other judicial officers? That you can also do bidding for a party?” posed Njeru.
The advocate further said the Ethics and Anti-Corruption Commission should also act, arguing that Rutto should be declared unfit to hold office. He stressed that his criticism was not personal but aimed at strengthening public institutions.
“The country is bigger than all of us, there is nobody who should behave like they are bigger than the country.”
He questioned why the JSC requires applicants to be politically neutral yet appears to tolerate conduct he said amounts to political alignment.
“You’ve got to make sure that you are neutral and not saying you must be seen also to be neutral,” he said adding that the inaction by JSC may embolden other members to follow suit.
He cautioned that such trends risk weakening institutions, leading to the appointment of unfit officials and pressuring those already in office to abandon their independence and align with the government.
Njeru also criticised the police over reported human rights violations, warning officers against acting on behalf of politicians.
He added that politicians prefer a police service that is not independent, so it can act on their behalf.
